Grain Handling and Storage Amendment Act 2007

Grain Handling and Storage Amendment Act 2007 No. 44 of 2007 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Adjustment of purpose of Act 2 4 Definitions 2 5 Essential Services Commission's powers in relation to price regulation 3 6 Access rules 3 7 Insertion of Notes at foot of sections 17 and 18 3 8 New section 18A inserted 3 18A Statutory right of access and related procedure do not apply if general access determination in force 3 9 General access determinations 4 10 New sections 20 and 20A inserted 4 20 Revocation of general access determination 4 20A Monitoring compliance with general access determination 4 11 Hindering access 4 12 Commission guidelines 5 13 Repeal of amending Act 5 ═══════════════ ENDNOTES 6 i -- 1 of 7 -- Victoria Grain Handling and Storage Amendment Act 2007† No. 44 of 2007 [Assented to 25 September 2007] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Grain Handling and Storage Act 1995 to— (a) regulate handling and storage services for grain to be exported from the Port of Melbourne; and (b) further provide for the application of the intergovernmental Competition Principles Agreement (as in force from time to time) in relation to certain determinations of the 1 -- 2 of 7 -- Grain Handling and Storage Amendment Act 2007 No. 44 of 2007 s. 2 Essential Services Commission relating to access to prescribed services; and (c) further provide for general access determinations relating to access to prescribed services. 2 Commencement (1) Sections 1, 4, 9(1) and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision of this Act does not come into operation before 1 January 2008, it comes into operation on that day. 3 Adjustment of purpose of Act In section 1 of the Grain Handling and Storage Act 1995, after "at" insert "the Port of Melbourne,". See: Act No. 45/1995. Reprint No. 2 as at 22 October 2003 and amending Act No. 75/2004. LawToday: www. legislation. vic.gov.au 4 Definitions In section 3 of the Grain Handling and Storage Act 1995— (a) in the definition of Competition Principles Agreement, after "Commonwealth" (where secondly occurring) insert "and if that agreement is varied, that agreement as varied and in force for the time being"; 2 -- 3 of 7 -- Grain Handling and Storage Amendment Act 2007 No. 44 of 2007 s. 5 (b) after the definition of GEB instrument insert— "general access determination means a determination of the Commission under section 19;". 5 Essential Services Commission's powers in relation to price regulation In section 15(1)(b) of the Grain Handling and Storage Act 1995, after "in" (where secondly occurring) insert "the Port of Melbourne,". 6 Access rules In section 16(3) of the Grain Handling and Storage Act 1995, after "in" (where secondly occurring) insert "the Port of Melbourne,". 7 Insertion of Notes at foot of sections 17 and 18 At the foot of sections 17 and 18 of the Grain Handling and Storage Act 1995 insert— "Note See also sections 18A and 19.". 8 New section 18A inserted After section 18 of the Grain Handling and Storage Act 1995 insert— "18A Statutory right of access and related procedure do not apply if general access determination in force Sections 17 and 18 do not apply if there is a general access determination in force that applies to the prescribed services.". 3 -- 4 of 7 -- Grain Handling and Storage Amendment Act 2007 No. 44 of 2007 s. 9 9 General access determinations (1) Insert the following heading to section 19 of the Grain Handling and Storage Act 1995— "General access determinations". (2) Section 19(5) of the Grain Handling and Storage Act 1995 is repealed. 10 New sections 20 and 20A inserted After section 19 of the Grain Handling and Storage Act 1995 insert— "20 Revocation of general access determination The Commission, of its own motion, may make a determination that revokes a general access determination if it considers that the provider that provides the prescribed services to which the general access determination applies has not complied with that general access determination. 20A Monitoring compliance with general access determination The Commission may monitor compliance by the service provider with a general access determination that applies to prescribed services provided by that provider.". 11 Hindering access (1) In section 21(2) of the Grain Handling and Storage Act 1995, for "A person" substitute "Subject to subsection (2AA), a person". 4 -- 5 of 7 -- Grain Handling and Storage Amendment Act 2007 No. 44 of 2007 s. 12 (2) After section 21(2) of the Grain Handling and Storage Act 1995 insert— "(2AA) A person is not entitled to apply under subsection (2) if— (a) there is a general access determination in force that applies to prescribed services; and (b) that person's right of access to those prescribed services is being hindered by the provider providing those prescribed services.". 12 Commission guidelines In section 23A(1)(b)(iii) of the Grain Handling and Storage Act 1995, after "19" insert ", 20, 20A". 13 Repeal of amending Act This Act is repealed on 1 January 2009. ═══════════════ 5 -- 6 of 7 -- Grain Handling and Storage Amendment Act 2007 No. 44 of 2007 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 July 2007 Legislative Council: 9 August 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Grain Handling and Storage Act 1995 and for other purposes." 6 -- 7 of 7 --